Mitchell Case Divides Council
October 5, 2005

City council divided this afternoon over what to do about Dave Mitchell. While displaying no appetite for staff suggestions that Mitchell be removed from committee posts, or the demand of the Hamilton Police Association that he resign, a majority of councillors voted to censure him for actions and statements that "fall below the standards of conduct which are expected by members of Council".

Flamborough councillors Margaret McCarthy and Dave Braden opposed the censure motion. McCarthy said she wanted "to see this feeding frenzy end". Braden told councillors he was very upset with their direction. He said Mitchell's attempt to avoid a speeding ticket and subsequent comments that council was obstructing justice were "a real screw-up" but "this won't be helpful . we need some honesty and integrity in this room".

Pressed to explain his comments, Braden declared: "This isn't half as serious as how we dealt with the allegations - and I say allegations - of the illegal donations to the campaign. This doesn't measure a fraction of that."

Sam Merulla shot back: "One is exactly an allegation, this is an actuality. So let's not move ahead and just draw conclusions. I take offence to the games that are being played." Merulla had earlier moved the motion of censure saying that it was necessary because of the Police Association request. "I'd hate to have a request of their's fall on deaf ears." He called Mitchell's suggestions of corruption on the police force "ludicrous allegations".

Councillors voted 8-1 in July 2004 to reject a request by Dundas bookseller Joanna Chapman for a compliance audit of alleged over-contributions to the election campaigns of several councillors and the mayor. Braden cast the minority vote. Chapman appealed the decision to the courts which ordered the council to hold the audits.

Other councillors seemed to see the censure motion on Mitchell as a way to bring closure to the issue. Bob Bratina said the real issue was Mitchell's comment that council was 'obstructing justice' by ending the moratorium on the downtown loans program while an OPP investigation is still underway. "Councillor Mitchell has apologized for those remarks and I suspect that he didn't intend to besmirch our integrity," Bratina said.

Phil Bruckler said he didn't want to hang a ball and chain around Mitchell's foot. "We've had the apologies. My concern is perhaps that we get on with it as well." Dundas councillor Art Samson described censure as "an indication of our feeling to the particular actions that have taken place" but emphasized that he would not support any restrictions on Mitchell's "exercise of his office".

Mayor Di Ianni echoed the sentiments, saying he supported the censure motion as a way to publicly complete what council had decided last week during an in camera meeting. "A formalization of that is what will bring some closure as well as meeting some of the expectations of the public and others who have complained."

Today's meeting was also scheduled to be behind closed doors, and this approach was strongly recommended by city manager Glen Peace. But council voted 6-5 to reject a motion by Bruckler and Maria Pearson to go in camera.

Three councillors were absent from today's meeting - Mitchell, Tom Jackson and Brian McHattie. A partial transcription of the meeting is posted on the CATCH website at http://www.hamiltoncatch.org/cow/cow_051005.htm. The staff report on dealing with Mitchell has not been made public, although much of its contents were reported in today's Hamilton Spectator .